Last Update: June 24, 2016
THE FOLLOWING POP! TERMS OF SERVICE (THE "TERMS OF SERVICE") GOVERN YOUR USE OF THE SERVICES OFFERED BY POP! ONLINE, LLC ("POP! ONLINE", "WE", "US" OR "OUR") THROUGH OUR WEBSITE, THE HOME PAGE OF WHICH IS LOCATED AT HTTP://POP.CO (THE "SITE"), AS WELL AS OTHER WEBSITES THAT POP! ONLINE OPERATES. THE TERMS "SUBSCRIBER", "YOU", AND "YOUR" REFER, AS THE CASE MAY BE DEPENDING ON THE CONTEXT IN WHICH SUCH TERMS ARE USED BELOW, TO EACH USER OF THE SITE AND EACH REGISTERED USER OF SUCH SERVICES (AND ALL PERSONS ACCESSING THE ACCOUNT OF ANY SUCH REGISTERED USER). THE TERM "SERVICES" MEANS THOSE SERVICES THAT WE MAKE AVAILABLE THROUGH THE SITE FROM TIME TO TIME (AS THE SAME MAY BE MODIFIED, ENHANCED AND/OR SUPPLEMENTED FROM TIME TO TIME), WHICH MAY INCLUDE ONE OR MORE OF THE FOLLOWING: DOMAIN NAME SERVICES, EMAIL SERVICES, WEBSITE SERVICES, HOSTING SERVICES, AND CLOUD BASED PRODUCTIVITY AND/OR OTHER APPLICATIONS. SERVICES MAY BE MADEAVAILABLE TO YOU ON A TRIAL OR PAID BASIS. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND OTHERWISE LEGALLY COMPETENT IN ALL RESPECTS TO READ, UNDERSTAND, ACCEPT AND BE BOUND BY THESE TERMS OF SERVICE.
The following terms have the respective meanings ascribed to them for purposes of these Terms of Service:
- "Account Details"
- means the details that you give to us when you create an account with us and other contact, billing, and other identifying information about you that you may provide us from time to time.
- means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
- means the registry administrator of a particular TLD.
- "Automatic Renewal"
- means the automatic renewal of a Subscription, whether that be from a Service or Domain Name, at or near the end of the Subscription Period.
- "Billing Period"
- means the period for which a Paid Subscriber agrees to prepay fees correlating to a Paid Service, which will be the same as or shorter than the selected Subscription Period for a given Service.
- "Control Panel"
- means the control panel or other admin interface or webpage that allows you to manage your account.
- "Delinquent Subscriber"
- means a Paid Subscriber who has failed billing attempts against Paid Subscriber's stored Payment Method resulting in an unpaid, delinquent invoice.
- "Dispute Resolution Policy"
- means any relevant dispute resolution policy adopted by the Administrator as part of the Administrator Policies (as defined below).
- "Domain Expiration Date"
- The end date of the current Subscription Period associated with a Domain Name.
- "Domain Name"
- means a domain name (a) registered through the Site, (b) for which we serve as the Registrar, or (c) the registration for which is associated with our reseller account with the applicable Registrar.
- "Domain Name System"
- or "DNS" means the domain name system which translates numerical Internet protocol addresses into domain names.
- "Early Adopter Subscription"
- means a currently active paid subscription to one of our Services that commenced (a) prior to March 3, 2015 UTC, or (b) after March 3, 2015 UTC upon the conversion of a Free Trial.
- means all email and other communications generated or sent through the Simple Mail Service.
- means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.
- "Free Service"
- means any web services and any related support services POP! ONLINE makes available to you free of charge on POP’s websites by means of a Free Subscription.
- "Free Subscriber"
- means an active subscriber of a Free Trial or a Free Subscription.
- "Free Subscription"
- means a subscription to a Free Service that commenced on or after March 3, 2015 UTC.
- "Free Trial"
- means a currently active Trial for a Service that commenced prior to March 3, 2015 UTC.
- "Free Trial Period"
- means the period of time that commenced when you signed up for Free Trial (e.g. for a Startup Bundle) and that ends on the earlier of (a) when you become a Paid Subscriber with respect to the corresponding Service, and (b) passage of the number of days that were included in the Free Trial when you signed up for it as specified on the Site.
- "Initial Subscription Period"
- means the initial subscription term which shall begin on the effective date of your subscription activation and expire at the end of the period outlined by the selected Service Plan.
- "Intellectual Property Rights"
- means all patents, copyright and related rights, trademarks, service marks, moral rights, rights in confidential information and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
- means all claims (including, without limitation, claims, fines and/or penalties made or imposed by any government or agency thereof, including, without limitation, ICANN), damages, liabilities, costs and expenses, including reasonable legal fees, costs and expenses, including on appeal.
- "Name Servers"
- means computers that provide specific translation information in the Domain Name System.
- "Paid Service"
- means any web services and any related support services POP! ONLINE makes available to you for a fee on POP’s websites by means of a Paid Subscription.
- "Paid Service Plan"
- means the POP! ONLINE approved online Service subscription process by which you agree to subscribe to a Paid Subscription.
- "Paid Subscriber"
- means an active subscriber of a Paid Subscription.
- "Paid Subscription"
- means either an Early Adopter Subscription or any other subscription to a paid service that commenced on or after March 3, 2015 UTC and has at least one successful, paid invoice.
- "Payment Method"
- means the method you choose to pay for Service(s); whether that be a valid credit or debit card.
- means any natural person, partnership (whether general or limited), limited liability company, trust, estate, association, corporation or any other legal entity.
- "Registered User"
- means a Free Subscriber or a Paid Subscriber.
- means the registrant of record of a Domain Name according to the relevant TLD registry.
- means a registrar that is accredited by the Administrator of a particular TLD to provide registration services for that TLD.
- means a Domain Name registration.
- means http://pop.co as well as the other websites that POP! ONLINE operates.
- "Service Plan(s)"
- means the packaged service plan(s) and the functionality and services associated therewith (as detailed on the Site applicable to the Service) for the Service to which You subscribe.
- means software provided by POP! ONLINE (either by download or access through the internet) that allows an Agent or End-Users to use any functionality in connection with the applicable Service.
- means a Free Subscription or a Paid Subscription.
- "Subscription Fee"
- means the amount you pay for a Service Subscription.
- "Subscription Period"
- means the period during which You have agreed to subscribe to any POP! ONLINE Service Plan(s), as applicable, with respect to any individual Agent.
- "Suspended Subscriber"
- means a Paid Subscriber who has failed billing attempts against Paid Subscriber's stored Payment Method 3 consecutive times over a period of 15 days
- means top level domain.
- means a period of time during which a Paid Subscription is free to try.
- means a query and response protocol that stores and delivers database content in a human-readable format used for querying databases that store the registered users or assignees of domain names.
The features and pricing for the Services as well as the countries where the Services are available, are as set forth on the Site and are subject to change by us at any time without prior notice. Your right to use the Services is dependent on you maintaining an account with us in good standing as a Registered User and your ongoing compliance with these Terms of Service. Failure to maintain an account in good standing as a Registered User and/or to comply with these Terms of Service may result (in our sole discretion) in the suspension or cancellation of one, some or all of the Services in whole or in part. Our basic Service offering (the "Basic Service") consists of use of a Domain Name coupled with a customizable landing page we call Simple Page (as further defined below) and a free version of our Simple Mail service (as further defined below). All other Services may be used only in connection with the Basic Service and are not available for separate use (e.g. with domain names that do not meet the definition of "Domain Name" set forth above). In addition, certain Services are only available to Paid Subscribers. See the Site for more details regarding our Service offerings. Registrations are available at POP! ONLINE's discretion for 1 Free Subscription. Registered Users are limited to a maximum of 1 Free Subscription for the Basic Service at any one time. In addition, Registered Users (other than those with an Early Adopter Subscription) may not establish more than one account using the same telephone number or primary login email address. Paid Subscribers with more than one Early Adopter Subscription may retain all accounts associated with such Early Adopter Subscriptions even if they were established using the same telephone number, but may not add any new accounts. Below are specific terms applicable to certain Services.
(a) When you sign up for a Domain Name through the Site (whether in connection with a Free Subscription or a Paid Subscription), the Domain Name you select will be registered by us through a Registrar of our choosing. For some TLDs we serve as the Registrar directly. We reserve the right to change the Registrar of record for any Domain Name at any time.
TLD: Links to Third Party Registration Terms: All TLDs other than the .co TLD http://www.domainbox.com/terms/ and http://www.domainterms.com/user/
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW ALL THIRD PARTY REGISTRATION TERMS AND THAT YOUR USE OF ANY SERVICE GOVERNED BY THIRD PARTY REGISTRATION TERMS CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THEM (AS APPLICABLE).
(d) If you are a Free Subscriber of a Free Trial, you may become a Paid Subscriber with respect to the corresponding Service at any time during or at the expiration of the Free Trial Period by providing payment details for your account and following other instructions on the Site. If you do not become a Paid Subscriber with respect to a particular Service by the end of the Free Trial Period, the Service will be terminated, including your use of the associated Domain Name (which will be released back to the relevant TLD registry or retained by us in our discretion), and if no other Services are associated with your account, your account will be terminated. Though we may provide you with one or more notices warning you that a Free Trial Period is nearing expiration or that it has expired, we are not obligated to do so. The lack of any such notice will not give rise to any right to continue your use of the relevant Service (including any Domain Name the use of which is included in such Service) beyond expiration of the Free Trial Period. You are solely responsible for being aware of the duration and expiration of any Free Trial Period and for taking necessary action to become a Paid Subscriber with respect to such Service in time to preserve your continued right to use such Service (and, if applicable, your account).
(e) Free Subscriptions to the Basic Service are only intended for active users of the associated Domain Name that are using the Domain Name for a legitimate purpose (other than mere licensing or selling to third parties) and not for those involved in domain name speculation or investing in "raw" domain names. In order to maintain a Free Subscription for the Basic Service, you must actively use the associated Domain Name. If we in our sole discretion determine that you are not actively using a Domain Name associated with a Free Subscription to the Basic Service, we may suspend or terminate such Free Subscription (in which case we may release the Registration back to the relevant TLD registry or retain it in our discretion) or require that you upgrade to a Paid Subscription. Factors that we may consider in making determinations regarding active use may include, but are not limited to, your email usage, the extent to which you have customized your Simple Page, and the extent to which you have logged into the Control Panel.
(f) Domain Names registered by POP! ONLINE! are subject to Automatic Renewal. Your Domain Name(s) will automatically renew, for a period equivalent to the length of your original domain name registration, up to 30 days prior to the Domain Expiration Date. POP! ONLINE reserves the right to automatically renew Domain Name(s) 30 days prior to the Domain Expiration Date and will take payment from the Payment Method you have on file with POP! ONLINE, at POP! ONLINE's then current rates for Domain Name.
When you sign up for the Basic Service, you will be prompted to create and publish a customizable landing page on your associated Domain Name hosted by us (a "Simple Page"). If you do not wish to use the Simple Page, you may upgrade to our Weebly Site Builder (as described below) or subscribe to our Full Domain Control Service and then use our DNS tools to modify the DNS settings for your Domain Name so that it resolves to an IP address or website of your choosing (an "External Website"). Until such time as you configure your Simple Page, become a Paid Subscriber of our WordPress VPS Service, or become a Paid Subscriber of our Full Domain Control Service and modify the DNS settings so your Domain Name resolves to an External Website, at any time your Simple Page fails to load for any reason, and in the event you deactivate your Simple Page without first modifying DNS settings so your Domain Name resolves to an External Website, your Domain Name may resolve to a default landing page created by or on behalf of us or the applicable Registrar, the design and content of which will be in our or their sole discretion. You represent and warrant that you own or otherwise have all necessary licenses, publication and distribution rights and other rights and permissions required to lawfully publish on your Simple Page and/or on any External Website and transmit over the Internet any and all content published thereon and that such publication and transmission will not violate any copyright, trademark right, patent right or other Intellectual Property Right, or any privacy, publicity, contract or other right of any Person.
(a) The features, functionalities, and limitations of each plan of the Simple Mail Service are specified on the Site. When you sign up for the Simple Mail Service through the Site, we will establish your Simple Mail account with one email address based on the name you use to sign up for the Service. If you are a Subscriber of Simple Mail during a Free Trial, you may add additional users of the Service for each additional email address you wish to create without charge up to a maximum total of ten (10) users. For Paid Subscribers, you may add an unlimited number of additional users at any time and will be billed the Service Fee for each user, as more fully described below. If you upgrade to a higher plan of the Simple Mail Service (i.e. changing from Free to Lite or Plus, or from Lite to Plus) with respect to a particular Domain Name, you may not downgrade (i.e. change from Plus to Lite or Free, or from Lite to Free) for thirty (30) days unless you are terminating the Basic Service for that Domain Name as well. With respect to any ActiveSync component of the Simple Mail Service, you acknowledge and agree that the Service does not grant and you do not receive any rights under any Microsoft intellectual property with respect to any device or software that you use to access the Service.
(b) You acknowledge that the Basic Service comes with the Free version of Simple Mail which has substantial limitations and restrictions that may include, but may not be limited to, the following: (i) maximum of one user, (ii) email accessible only via webmail (i.e. no IMAP or POP3 capabilities), (iii) advertisements appearing on the webmail web page and control panel, (iv) a "powered by" or similar footer containing our name appearing on all outgoing emails, (v) no ability to forward email to another account, and (vi) no calendar, tasks, and/or file storage. In addition, all Simple Mail plans are limited in terms of email storage capacity and the number of outgoing emails that each user may send per day. See the Site for more information about each plan.
(c) Email Policy Your use of Simple Mail must follow all applicable guidelines established by POP! ONLINE. The guidelines below are examples of practices that may violate this Policy when generating or sending Emails through Simple Mail:
- Sending email to an Email list, regardless of whether permission has been granted to you via opting-in.
- Using purchased or rented Email lists.
- Using third party email addresses, domain names, or mail servers without proper permission.
- Sending Emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
- Sending Emails that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
- Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
- Including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any Email that encourages a recipient to forward the Email to another recipient.
WordPress VPS Service.
(a) When you sign up to use our WordPress VPS Service with a particular Domain Name, we will install WordPress (an open source website publishing platform) on a virtual server (a "Virtual Server"), launch a default themed website built on WordPress (a "WordPress Site") and provision your Domain Name so that it resolves to your WordPress Site instead of the Simple Page that comes with our Basic Service. Notwithstanding the foregoing, if you also are a subscriber of our Full Domain Control Service and have changed your name server and/or other DNS settings so that your Domain Name resolves to an External Website, you will need to change the Name Servers and/or update your DNS records with your current DNS provider so that your Domain Name once again resolves to our Name Servers if you want your Domain Name to resolve to your WordPress Site. While we manage all aspects of the Virtual Servers, you will have the ability to change the theme of your WordPress Site and customize it in a variety of ways via the Control Panel. Your use of the WordPress VPS Service is subject to the terms and conditions of the WordPress license agreement which may be found at the following website (as the same may be amended, modified and updated from time to time): https://wordpress.org/about/license/. We will update WordPress automatically with security patches and critical updates. If you want other updates (including themes), you must install them manually via your Control Panel.
(b) The specific features, functionalities, and limitations of our WordPress VPS Service are specified on the Site, including the maximum amount of data that may be transferred in a given billing cycle (the "Bandwidth Maximum"). If you exceed the Bandwidth Maximum, we reserve the right to take any one or more of the following actions: (i) suspend your use of the WordPress VPS Service until the start of the next billing cycle or, if available, you purchase additional bandwidth; (ii) charge an overage fee of up to the greater of (A) $.03 for each Gigabyte (or any portion thereof) in excess of the Bandwidth Maximum, or (B) any overage amount specifically stated on the Site; and (iii) take other remedial action including termination of your WordPress VPS Service. The Bandwidth Maximum applies to every billing cycle, even if you used less than the Bandwidth Maximum in any previous billing cycle. Bandwidth may not be pooled among multiple accounts, Domain Names or servers. You represent and warrant that you own or otherwise have all necessary licenses, publication and distribution rights and other rights and permissions required to lawfully publish on your WordPress Site and transmit over the Internet any and all content published thereon and that such publication and transmission will not violate any copyright, trademark right, patent right or other Intellectual Property Right, or any privacy, publicity, contract or other right of any Person.
(c) You acknowledge and agree that the WordPress VPS is a shared hosting service and that for us to provide the WordPress VPS Service we divide dedicated servers into independent sectors, each of which is allotted its own disk space, CPU power, bandwidth, and memory. This means that multiple websites from different subscribers of the Service may be hosted from the same server and share server resources. The WordPress VPS Service is designed to meet the needs of a typical small business and not to support sustained demand from a large enterprise or atypical applications better suited to a dedicated server. Therefore, you may not use the WordPress VPS Service in connection with any of the following: (i) any website or platform through which any person is able to make any kind of investment, including, without limitation, in equities, debt, commodities, or currency, (ii) any BitTorrent or other file upload, download, sharing, archiving, backup, mirroring or distribution service or website, (iii) any website created primarily to drive Internet traffic to another website, banner exchange, free adult tgp (thumbnail gallery post), or free adult image gallery, or (iv) any script, process or the like that may adversely affect the ability of any other subscriber of the WordPress VPS Service to satisfactorily use the Service.
(d) THE WORDPRESS VPS SERVICE DOES NOT INCLUDE BACKUP OF YOUR WORDPRESS SITE AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR DOWNTIME, WHETHER CAUSED BY YOU, US, OR OUR THIRD PARTY PROVIDERS. WE RECOMMEND THAT YOU BACK UP YOUR WORDPRESS SITE ON A REGULAR BASIS VIA EXTERNAL MEANS. THE WORDPRESS VPS SERVICE IS NOT HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) COMPLIANT. ANY USE OF THE WORDPRESS VPS SERVICE REQUIRING HIPPA COMPLIANCE IS EXPRESSLY PROHIBITED. THE WORDPRESS VPS SERVICE IS ALSO NOT COMPLIANT WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD (PCI DSS), SO YOU MAY NOT INCORPORATE ANY ELEMENTS INTO YOUR WORDPRESS SITE THAT RESULT IN THE PROCESSING, TRANSMITTING, OR STORING OF CREDIT CARD INFORMATION THROUGH OR ON OUR SERVERS (THOUGH TO THE EXTENT POSSIBLE WITHIN THE FUNCTIONALITIES AND LIMITATIONS OF THE WORDPRESS VPS SERVICE, YOU MAY INTEGRATE THIRD PARTY CODE INTO YOUR WORDPRESS SITE THAT ALLOWS FOR A PCI DSS COMPLIANT ENTITY TO PROCESS, TRANSMIT AND STORE CREDIT CARD INFORMATION ON YOUR BEHALF WITHOUT ANY SUCH INFORMATION TOUCHING OUR SERVERS).
Weebly Site Builder.
(a) When you subscribe for Weebly through the Site we will establish a Weebly account on your behalf with Weebly.com ("Weebly") for the Domain Name associated with such Subscription, which will give you access to the Weebly cloud based website builder. You acknowledge that Weebly is actually provided by Weebly.com, a third party not owned or controlled by us, and that the features, functionality, availability, reliability, security and performance of Weebly are determined solely by Weebly.com and not by us. We will establish your Weebly account with one individual "user" (defined for all purposes related to Weebly as an individual authorized to use Weebly in connection with your Domain Name).
(b) You agree to be bound by Weebly’s Terms of Service found at http://www.weebly.com/terms-of-service/. You agree to comply with Weebly’s Terms at all times and that any violation, breach or failure to comply with the Weebly Terms will be deemed a material breach of these Terms of Service.
Disclaimer Regarding Third Party Provided Services.
YOU ACKNOWLEDGE AND AGREE THAT (A) VARIOUS COMPONENTS OF THE SERVICES (INCLUDING GOOGLE APPS AND THE .CO MEMBERSHIP PROGRAM) ARE PROVIDED BY THIRD PARTIES NOT UNDER OUR CONTROL AND THAT FOR SUCH COMPONENTS WE ARE MERELY ACTING AS A RESELLER, (B) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH THIRD PARTY COMPONENTS OR FOR ANY ACTS OR OMISSIONS THAT MAY BE TAKEN OR MADE AT ANY TIME AND FROM TIME TO TIME BY SUCH THIRD PARTIES IN CONNECTION WITH YOUR USE OF SUCH COMPONENTS (INCLUDING, W/O LIMITATION, ANY SUSPENSION, TERMINATION, AND/OR MODIFICATION OF YOUR ACCOUNT WITH SUCH THIRD PARTIES OR YOUR USE OF SUCH COMPONENTS, WHETHER TEMPORARILY PERMANENTLY, IN WHOLE OR IN PART), (C) WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE FEATURES, FUNCTIONALITY, AND/OR AVAILABILITY OF ANY SUCH THIRD PARTY COMPONENTS, AND/OR THAT THE SAME WILL BE FREE OF ERRORS OR DEFECTS, AND (D) ALL CLAIMS, DISPUTES, PROBLEMS, ISSUES AND/OR COMPLAINTS REGARDING ANY THIRD PARTY PROVIDED COMPONENTS OF THE SERVICES MUST BE DIRECTED EXCLUSIVELY TO THE RELEVANT THIRD PARTY (E.G. THE REGISTRAR FOR DOMAIN NAMES; GOOGLE FOR GOOGLE APPS; AND NEUSTAR, INC. FOR THE .CO MEMBERSHIP PROGRAM).
Fees and Payments.
In order to use any Service other than during a Free Trial or pursuant to a Free Subscription, you must become a Paid Subscriber. To do so you must provide a valid credit or debit card that will be maintained on file by our third party payment processor and billed automatically on an annual and/or monthly basis depending on the Services for which you subscribe. The fee for each Service is as stated on the Site (each, a "Service Fee"). All Service Fees for Simple Mail and Google Apps are per user (as defined for the relevant Service) per month. Your billing cycle will start on the date you become a Paid Subscriber (the "Conversion Date"). We will bill your account on the Conversion Date and in advance on an annual and/or monthly basis thereafter (as applicable) based on the Services and number of then current Google Apps and/or Simple Mail users (as applicable) for which you are a subscriber. If you add a Subscription to our Full Domain Control Service, such Subscription will take immediate effect and you will be charged the associated Service Fee immediately and on a monthly basis thereafter. The first time you become a Paid Subscriber of either Simple Mail or Google Apps, your Subscription will take immediate effect and you will be charged the associated Service Fee immediately and on a monthly basis thereafter. Any subsequent changes to your email Subscription other than the number of users (i.e. changing from Simple Mail to Google Apps or changing Simple Mail plans) will take effect immediately but the corresponding change to the associated Service Fee will not take effect until your next billing cycle for that Service. If you add Google Apps and/or Simple Mail users during a billing cycle, you will be charged a pro rata portion of the applicable Service Fee based on the number of days remaining in the billing cycle. There is no refund or credit for terminating a Google Apps or Simple Mail user during a billing cycle. The Service Fee is the same irrespective of whether you use one, some, all or none of the components or features of a particular Service and will not be decreased because you stop using some aspect of the Service.
a. Payment by credit or debit card.
If you are paying by credit or debit card, you authorize us to charge your credit or debit card for all fees payable during the Subscription Period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
b. Payment information.
You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your account billing page within your POP! ONLINE portal. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you are a HubSpot partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.
c. Payment of Service(s) and Domain Names
As consideration for the Service(s), renewal of the Service(s), and Automatic Renewal of the Service(s), you agree to pay, prior to the activation of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your Service or Domain Name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. You may pay for Services by providing a valid credit or debit card.
d. Pricing of Service(s) and Domain Names
POP! ONLINE expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Service(s) for a period of months or years, changes or modifications in prices and fees shall be effective when the Service(s) in question come up for renewal as further described below.
e. Failure to Pay for Service(s) provided
If for any reason POP! ONLINE is unable to charge your Payment Method for the full amount owed for the Services provided, or if POP! ONLINE is charged a penalty for any fee it previously charged to your Payment Method, you agree that POP! ONLINE may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason POP! ONLINE is unable to charge your credit card with the full amount owed for the Services provided, or if POP! ONLINE is charged back for any fee it previously charged to the credit card you provided, you agree that POP! ONLINE may pursue all available lawful remedies in order to obtain payment. You agree that the remedies POP! ONLINE may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any Domain Name or Service registered or renewed on your behalf.
If you are a Paid Subscriber and fail to pay the corresponding Subscription Fee by the end of a Service's current Subscription Period, the Service will be terminated. Though we may provide you with one or more notices warning you that a Paid Subscription is nearing the end of it's Subscription Period, we are not obligated to do so. The lack of any such notice will not give rise to any right to continue your use of the relevant Service (including any Domain Name the use of which is included in such Service) beyond expiration ofthe Subscription Period. You are solely responsible for being aware of the duration and expiration of any Subscription Period and for taking necessary action to become a Paid Subscriber or rectify a failing payment method with respect to such Service in time to preserve your continued right to use such Service (and, if applicable, your account).
- a. Payment by credit or debit card.
Except as otherwise set forth in these Terms of Service, you may terminate any Service or change Services at any time via your Control Panel. If you terminate the Basic Service for any Domain Name, all other Services associated with that Domain Name will be terminated automatically as well. You acknowledge that a termination of the Basic Service for a given Domain Name will result in loss of all further use of that Domain Name (unless you transfer the Registration for that Domain Name prior to termination in accordance herewith and with any policies, procedures, terms and/or conditions of the receiving registrar) as well as the loss of any associated Simple Page and all associated email, calendar, tasks, files, contact and other data. Notwithstanding the foregoing, if you have an Early Adopter Subscription, you must continue to subscribe for either Google Apps or a paid Simple Mail plan (i.e. "Plus" or "Lite") in addition to the Basic Service to continue using the associated Domain Name, though you may transfer it to another Registrar in accordance herewith and with that Registrar’s applicable policies, procedures, terms and conditions.
- Domain Names
- (a) comply at all times with all applicable laws, statutes, rules, regulations, ordinances, decrees, governmental authorities, court orders and the like (collectively, "Laws") and all policies, procedures, standards, and practices promulgated by the Administrator from time to time for the relevant TLD in general, including, without limitation, those applicable to use, development, and/or operation of domain names in the relevant TLD (collectively, "Administrator Policies");
- (b) notify us immediately if you know or have reason to suspect that there has been any unauthorized use of any Service;
- (c) notify us immediately if you know or have reason to suspect that there is or may be any claim, action, suit, court or other legal proceeding (including, without limitation, pursuant to any Dispute Resolution Policy) involving any Domain Name;
- (d) ensure that your Account Details reflect your correct name, postal address, phone, fax and email information at all times;
- (e) provide identification, documentary evidence and/or any other information that we reasonably require in order to provide any Service and you agree that we may keep copies of any of the same for the purposes of providing and maintaining the Services and/or as otherwise may be required by the relevant Administrator;
- (f) not use or allow any Service to be used for any unlawful purpose or for the publication of, linking to, issue or display of, any unlawful material or any material that is defamatory, pirated or otherwise infringes upon any Intellectual Property Right of any third party or that contains any virus, worm, trojan horse or other harmful code, whether under the Laws of the jurisdiction where you are located or of any other location where the results of such purpose or the material in question can be accessed;
- (g) not use or allow any Service to be used in breach of generally accepted standards and codes of practice for the use of the Internet, including, but not limited to, the sending of unsolicited e-mails, "mail bombing" or the impersonation of another person whether living or dead;
- (h) not use any Service for the publication of, linking to, issuance or display of any material that contains any of our logos, trademarks, trade dress or the like without our prior written consent;
- (i) not use any Domain Name for: (i) typo squatting or other deceptive or manipulative purposes intended to benefit from misdirected or unintended Internet traffic or otherwise infringing the rights of others; (ii) pornography or obscenity; (iii) gambling; and/or (iv) the promotion of violence, intolerance (regarding race, creed, religion, sexual preference, gender or political affiliation), and/or illegal activity of any kind; and
- (j) not (except to the extent permitted by applicable Laws that cannot be waived by contract) attempt to reverse engineer any Service or component thereof, produce or use any counterfeit license key, login information or other access credentials, modify any part of any Service or otherwise tamper with any Service or component thereof.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
You represent and warrant that:
(a) all of the information in your Account Details, including your identity and contact information, is true, correct, current and complete;
(b) at all times, all passwords, identifiers and any other access credentials (collectively "Credentials") that you use in connection with each Service will be kept confidential, used properly and not be disclosed to any unauthorized Person;
(c) all activity carried out in connection with each Service that requires the use of one or more Credentials will be carried out by you or someone authorized to act on your behalf;
(d) You accept full liability for all actions done, charges incurred and/or losses suffered by you for all activities carried out in connection with any Service that required the use of any of your Credentials, whether carried out with or without your authorization;
(e) You have all necessary permissions, licenses and consents to use the Services and to use and/or register each Domain Name you select and that by selecting a Domain Name and/or using any Service you will not infringe any Intellectual Property Rights of any Person; and
(f) You will comply fully with the Dispute Resolution Policy and agree to any relevant dispute resolution body’s decision pursuant thereto.
- YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN THESE SERVICE TERMS, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, DOMAIN NAMES AND/OR REGISTRATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (B) ANY WARRANTY THAT ANY ONE OR MORE SERVICES, REGISTRATIONS AND/OR DOMAIN NAMES (INCLUDING ANY COMBINATION OR BUNDLE OF THE SAME) WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO AND USE OF ANY SERVICE, DOMAIN NAME, AND/OR REGISTRATION (INCLUDING ANY COMBINATION OR BUNDLE OF THE SAME) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, AND (C) ANY WARRANTY WITH RESPECT TO THE POSSIBILITY OR LIKELIHOOD OF ANY OF THE FOLLOWING OCCURRING OR NOT OCCURRING: (I) AN OBJECTION OR CHALLENGE TO YOUR RIGHT TO LICENSE, USE AND/OR REGISTER ANY DOMAIN NAME (ON THE BASIS OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE), AND/OR (II) OUR, ANY REGISTRAR’S AND/OR ANY ADMINISTRATOR’S DIRECT OR INDIRECT FACILITATION OR PERMISSION OF ANY PERSON’S USE AND/OR REGISTRATION OF A DOMAIN NAME SIMILAR TO ANY DOMAIN NAME YOU MAY SELECT IN CONNECTION WITH ANY SERVICE OR OF ANY OTHER DOMAIN NAME FOR A PURPOSE SIMILAR TO, THAT COMPETES WITH OR THAT MIGHT CAUSE CONFUSION WITH YOUR PROPOSED OR ACTUAL USE OF ANY DOMAIN NAME SELECTED IN CONNECTION WITH ANY SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR ELECTRONIC, OBTAINED BY YOU FROM US, ANY OF OUR THIRD PARTY SUPPLIERS, AND/OR THROUGH THIS SITE OR ANY WEBSITE OF ANY OF OUR THIRD PARTY SUPPLIERS WILL CREATE ANY WARRANTY REGARDING ANY SERVICE AND/OR THESE SERVICE TERMS NOT EXPRESSLY MADE HEREIN.
- IN ADDITION, WE HAVE NO OBLIGATION TO MAKE ANY DETERMINATION AS TO WHETHER (A) ANY DOMAIN NAME YOU MAY SELECT IN CONNECTION WITH ANY SERVICE (OR ANY USE THEREOF) INFRINGES THE LEGAL RIGHTS OF ANY PERSON, OR (B) ANY OTHER DOMAIN NAME (OR THE USE THEREOF BY ANY PERSON, INCLUDING A LICENSEE OR CUSTOMER OF US, ANY REGISTRAR, THIRD PARTY SUPPLIER AND/OR ADMINISTRATOR) MAY INFRINGE YOUR LEGAL RIGHTS. IT IS YOUR SOLE RESPONSIBILITY TO INVESTIGATE YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF OTHERS WITH RESPECT TO ANY DOMAIN NAME YOU MAY WISH TO USE IN CONNECTION WITH ANY SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXCLUSIVELY LIABLE FOR ALL INFRINGEMENT AND/OR OTHER LIABILITY ARISING OUT OF YOUR USE AND/OR REGISTRATION OF ANY DOMAIN NAME AND/OR SERVICE (INCLUDING THAT OF ANY LICENSEE) AND THAT THESE TERMS DO NOT VEST IN YOU ANY RIGHTS OF PRIORITY OR OTHERWISE WITH RESPECT TO ANY DOMAIN NAME (AS DEFINED ABOVE) YOU MAY USE IN CONNECTION WITH ANY SERVICE OR ANY OTHER DOMAIN NAME (OUTSIDE OF THE DEFINITION FOR "DOMAIN NAME" SET FORTH ABOVE), IRRESPECTIVE OF ANY INTELLECTUAL PROPERTY OR OTHER LEGAL RIGHTS YOU MAY HAVE.
- You represent and warrant that:
- LICENSE TO YOUR CONTENT. In order for you to post or publish any text, graphics, logos, designs, code, audio, video, or other content to your Simple Page or WordPress Site (collectively, "Your Content"), you acknowledge that we need to process, copy, distribute, transfer and otherwise use Your Content in order to effect such publication and provide the relevant Service as contemplated by the Site and these Terms of Service. You hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, publish, and perform your User Content as may be necessary to provide the relevant Service. You also authorize end-users that visit publicly accessible portions of your Simple Page or WordPress Site to download and print all or any portion of Your Content found thereon for their personal use.
- INDEMNITY. You hereby release and will defend, indemnify, and hold harmless to the maximum extent permitted by law, us, our parents, subsidiaries and affiliates, and our and their respective owners, directors, officers, managers, employees, service providers, contractors, and agents from and against any and all Liabilities incurred or suffered by any such indemnified parties arising out of or relating to your (a) breach of these Service Terms, including, without limitation, any representations, warranties, covenants and/or obligations contained herein, (b) use, development, operation and/or maintenance (including by any of your licensees) of any domain name, Registration and/or website (including Simple Pages and External Websites), and/or (c) use or misuse of one or more Services (by you or any of your licensees).
- LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE SERVICE TERMS TO THE CONTRARY, IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES OR AFFILIATES, AND/OR OUR OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, FOR ANY LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH ANY ONE OR MORE SERVICES, DOMAIN NAMES AND/OR REGISTRATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY RESULTING FROM: (A) THE PROCESSING, REGISTRATION, AND/OR LOSS OF REGISTRATION OF ANY DOMAIN NAME; (B) USE OF ANY DOMAIN NAME AND/OR REGISTRATION; (C) DISPUTES OVER DOMAIN NAME REGISTRATIONS, INCLUDING THE DECISION OF ANY DISPUTE RESOLUTION PROCEEDING; AND/OR (D) EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, SHORTAGE OF LABOR OR MATERIALS, INCLEMENT WEATHER, INSURRECTION, TERRORISM, AND ACTS OF GOVERNMENT. NOTWITHSTANDING ANYTHING IN THESE SERVICE TERMS TO THE CONTRARY, IN NO EVENT WILL OUR MAXIMUM LIABILITY IN CONNECTION WITH OR ARISING OUT OF ANY ONE OR MORE SERVICES, DOMAIN NAMES, AND/OR REGISTRATIONS (INCLUDING ANY COMBINATION OR BUNDLE THEREOF) EXCEED THE SERVICE FEES PAID BY YOU FOR THE RELEVANT SERVICE IN THE PREVIOUS MONTH, IF ANY.
TERMINATION; SUSPENSION; MODIFICATION.
Notwithstanding anything in these Service Terms to the contrary, and without prejudice to our other rights and remedies, we may in our sole discretion and without any liability of any kind, modify, suspend or terminate one, some or all of the Services (in whole or in part, temporarily or permanently and for one, some or all users and/or Simple Mail Addresses) at any time and from time to time with or without notice. In any such event, (a) if you are a Paid Subscriber, in order to continue using any Domain Name, you may, and in the event of termination you must, transfer the Registration associated with that Domain Name to a third party Registrar of your choice in accordance with the terms applicable to transfers described above (provided that you may not transfer any Registration unless you have paid all Service Fees owed for all Services associated with such Registration), and (b) if you are not a Paid Subscriber, your rights to continue using your Domain Name will be suspended or terminated, as the case may be. You hereby acknowledge that to the extent that it deems necessary in its reasonable discretion, at any time the relevant Administrator may suspend, modify, or cancel any Registration: (a) to protect the integrity and stability of the relevant TLD registry, the Domain Name System, and/or the Internet; (b) to comply with all applicable Laws, including any requests of law enforcement authorities and Administrator Policies; (c) to avoid any liability, civil or criminal, on the part of the relevant Administrator, its parents, subsidiaries and affiliates, as well as their respective owners, officers, directors, managers, service providers, representatives, employees, contractors and agents; and/or (d) to comply with the terms of any agreement with and/or any policies and procedures established by ICANN and/or any government (including any agency thereof) that is/are binding on such Administrator regarding such Administrator’s designation as the registry operator for the relevant TLD and/or its responsibilities and obligations as such registry operator. We may terminate any or all Registrations and/or Services, as well as your entire account (in our discretion) upon notice to you in the event of any breach of or other failure to comply with these Service Terms. Automatically and immediately upon any termination of a Registration or the Basic Service for any Domain Name, any and all rights you may have had relating to such Registration (and/or the relevant Domain Name) will terminate along with all further use of the relevant Domain Name any associated Simple Page and all associated email, calendar, contact and other data associated with any terminated Service, and all such rights and control of the Registration and Domain Name will revert to the relevant Administrator without restriction and without refund, reimbursement or any other payment or obligation to you.
i. Suspension of Particular Services.
POP! ONLINE may suspend your access to the Services, in whole or in part, for any reason and at any time without notice to you. During any such suspension of the Services: (i) You shall remain liable for all fees, charges and any other obligations You have incurred for any Paid Services; (ii) all fees, charges, and any other obligations shall continue to accrue during the suspension period; and (iii) all of your rights with respect to the applicable Services shall be terminated during the period of the suspension
If you fail to (a) take any action that you are required by POP! ONLINE policy to take in relation to any Free Service or Paid Service or (b) make any payment, when due, for any Paid Service that you have elected to purchase, POP! ONLINE shall immediately and without notice have the right to suspend your ability to use the Free or Paid Service at issue.
ii. Termination of Particular Services.
If you fail to (a) take any action that you are required by POP! ONLINE policy to take in relation to any Free Service or Paid Service or (b) fail to make a payment, when due, for any Paid Service that you have elected to purchase, POP! ONLINE shall immediately and without notice have the right to terminate your ability to use the Free or Paid Service at issue.
In the event of Termination of a particular Service, POP! ONLINE shall have no obligation to continue to store any information or data that you provide or provided to POP! ONLINE or to permit you to retrieve the same.
iii. Modifications to Services.
POP! ONLINE reserves the right to modify or discontinue any Free Service or Paid Service with or without notice to you. POP! ONLINE shall not be liable to you or any third party should POP! ONLINE exercise its right to modify or discontinue the Service.
- i. Suspension of Particular Services.
RESTRICTED PERSONS AND ENTITIES; EXPORT RESTRICTIONS.
Restricted Persons and Entities.
(a) The government of the United States of America, through various of its offices and agencies (collectively, the "US Government"), including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined and may in the future determine that certain commercial activities and transactions between (a) the United States, its citizens or residents on the one hand, and (b) Sanctioned Countries, Sanctioned Country Entities, Prohibited Organizations, or Prohibited Individuals on the other hand (each, as defined below and collectively, "Restricted Entities"), are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Therefore, all Restricted Entities are hereby prohibited from subscribing to, signing up for or using any of our Services. In addition, none of our Services may be used in connection with any domain name in a country code top level domain associated with a Sanctioned Country or operated by or on behalf of a Restricted Entity. You represent and warrant that you are not a Restricted Entity and that you are not acting on behalf, at the direction, or under the control of any Restricted Entity.
(b) The term "Sanctioned Country" means any country or other territory designated by the US Government from time to time as being subject to sanction, embargo, ban, prohibition, exclusion or similar restriction, including, without limitation, those listed at http://www.ustreas.gov/ofac, http://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx, and any other similar website operated by or on behalf of the US Government as such sites may be amended, updated, or otherwise modified from time to time. The term "Sanctioned Country Entity" means any government, agency, quasi-governmental agency, citizen, national, or resident of a Sanctioned Country and any other entity, organization or individual located, operating or organized in a Sanctioned Country (in all cases, regardless of their actual location).
(c) The term "Prohibited Organization" means any organization or entity designated by the US Government from time to time as being subject to sanction, embargo, ban, prohibition, exclusion or similar restriction, including, without limitation, those listed at http://www.ustreas.gov/ofac, http://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx, and any other similar website operated by or on behalf of the US Government as such sites may be amended, updated, or otherwise modified from time to time.
(d) The term "Prohibited Individual" means any individual designated by the US Government from time to time as being subject to sanction, embargo, ban, prohibition, exclusion or similar restriction, including, without limitation, Specially Designated Nationals and those individuals listed at http://www.ustreas.gov/ofac, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, and any other similar website operated by or on behalf of the US Government as such sites may be amended, updated, or otherwise modified from time to time.
Without limiting the generality of the covenant set forth in Section 4(a) of these Terms of Service, you expressly agree to comply with all applicable export and reexport Laws of the United States, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State, and all "anti-boycott", "deemed export" and "deemed re-export" regulations promulgated by the US Government (collectively, "Export Laws"). Specifically, you shall not, directly or indirectly, do any of the following or assist or permit others to do any of the following: (a) use any of the Services to collect, store or transmit any technical information or data that is regulated or controlled by any Export Law, or (b) sell, export, reexport, transfer, divert, or otherwise dispose of the Services or any other products, software, or technology (including products derived from or based on such technology) you may obtain or receive from us to any Restricted Entity or any other destination, entity, or person prohibited by the US Government or any Export Law, without obtaining prior written authorization from the competent government authorities as required by all relevant Laws. Your obligations under this Section 10.2 will survive any termination or expiration of the Agreement and your use of our Services or this Site.
- Restricted Persons and Entities.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules. The arbitration proceedings shall be conducted in Charlotte, North Carolina. The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of the prevailing party’s costs and fees, or in the event of no prevailing party, the costs and fees shall be paid as the arbitrators deem appropriate. “Costs and fees” means all reasonable pre-award expenses of arbitration, including the arbitrators' fees, and the prevailing party’s administrative fees, travel expenses, and out-of-pocket expenses such as copying, telephone, court costs, witness fees and attorneys’ fees. To the maximum extent possible, an arbitration proceeding hereunder shall be concluded within 180 days of filing the dispute with the AAA. Notwithstanding any other provision of this Section, nothing contained in this Agreement shall require arbitration of any issue for which injunctive relief is properly sought by a party hereto. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Class, Group, and Representative Action Waiver. Except as otherwise required under applicable law, You expressly intend and agree that class, group and representative claims shall not be asserted, nor will they apply, in any arbitration pursuant to this Agreement. You shall only submit Your own, individual claims in arbitration and will not seek to represent the interests of any other person, whether by class action, representative action or group action. You agree not to participate or join in any class action, representative action or group action initiated by any other person.
- Waiver. No failure or delay of ours to exercise any right or remedy under these Service Terms will operate as a waiver thereof; and no single or partial exercise or waiver of any such right or remedy will preclude any other or further exercise thereof or of any other right or remedy. We will not be deemed to have waived any claim arising out of these Service Terms, or any right or remedy under these Service Terms, unless the waiver of such claim, right or remedy is expressly set forth in a written instrument duly executed and delivered on our behalf; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
- Severability. If any term or provision of these Service Terms or the application thereof to any Person or circumstance is found to be invalid or unenforceable, the remainder of these Service Terms will be unaffected thereby and each remaining term or provision of these Service Terms will be valid and enforced to the fullest extent permitted by law. In addition, the portion held to be invalid will be deemed modified to the least extent possible so that it becomes valid and enforceable in a manner as closely matching the original intent as possible.
- Notices. Any notice or other communication required or permitted to be delivered to you under or with respect to these Service Terms may be delivered via electronic mail to the email address set forth in your Account Details, which notice will be deemed effective when sent. Any notice or other communication required or permitted to be delivered to us under or with respect to these Service Terms shall be in writing and delivered by hand, by registered or certified mail postage prepaid with return receipt, or by internationally recognized courier or express delivery service with tracking capability to the following address: POP! Online, LLC, 701 Brickell Avenue, Suite 860, Miami, Florida 33131, Attention: Legal Department. Such notice will be deemed properly delivered, given and received when delivered or refused (as confirmed by the return receipt or carrier tracking information if notice was effected by either mail or courier).
- Construction. The descriptive headings used in these Service Terms are inserted for convenience of reference only and will not affect the interpretation of these Service Terms. Throughout these Service Terms, (a) words in the singular include the plural and in the plural include the singular, (b) any obligation not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done, and (c) all uses of the terms "including", "include" or other variations thereof mean "without limitation" even though only some such uses may expressly state "without limitation".
- Governing law; Jurisdiction. All aspects of these Service Terms, the Services, and any Domain Names and/or Registrations obtained and/or managed through the Site will be governed by and construed in accordance with the laws of the state of / without reference to the conflict of laws principles of such jurisdiction. All disputes, claims and/or controversies in any way relating to or arising out of these Service Terms, the Services and/or any such Registrations and/or Domain Names will be brought and heard exclusively (a) for those brought by you, in the courts located in Charlotte, North Carolina, and (b) for those brought by us or any of our Related Parties in the courts located in Charlotte, North Carolina or in any court located in a jurisdiction in which you or the applicable Registrar reside, are organized or incorporated, and/or from where you accessed the Site. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. We control and operate the Site from our offices in Charlotte, North Carolina. We do not represent or warrant that the Site and/or any Services is or are appropriate or available for use in other locations. Persons who choose to use the Services and/or access the Site from other locations do so on their own initiative, and are responsible for compliance with local Laws, if and to the extent applicable.